(By Delegates Webster, Mahan and Stemple)
[Introduced January 9, 2008; referred to the
Committee on the Judiciary.]

A BILL to amend and reenact §61-5-27a of the Code of West Virginia,
1931, as amended, relating to providing that the term
"impersonation" of a public official or employee includes the
act of operating a motor vehicle which falsely displays an
official emblem or other marking connoting government
sponsorship.

Be it enacted by the Legislature of West Virginia:
That §61-5-27a of the Code of West Virginia, 1931, as amended,
be amended and reenacted to read as follows:
ARTICLE 5. CRIMES AGAINST PUBLIC JUSTICE.
§61-5-27a. Fraudulent official proceedings; causing a public
employee or official to file a fraudulent legal
process; impersonation of a public official,
employee or tribunal; penalties.(a) Definitions. -- For the purpose of this section, the following terms have the meaning ascribed to them in section
twenty-seven of this article: "Fraudulent", "legal process",
"official proceeding", "person", "public official or employee",
"recorder", and "tribunal".
(b) Fraudulent official proceedings. -- It is unlawful for a
person to knowingly engage in a fraudulent official proceeding or
legal process.
(c) Fraudulent filings. -- It is unlawful for a person to
knowingly cause a public official or employee to file, record or
deliver a fraudulent claim of indebtedness, common law lien or
other lien, financial statement, complaint, summons, judgment,
warrant or other legal process, including those issued as the
result of a fraudulent official proceeding.
(d) Fraudulent service. -- It is unlawful for a person to
knowingly serve a public official or employee with a fraudulent
claim of indebtedness, common law lien or other lien, financial
statement, complaint, summons, judgment, warrant or other legal
process, including those issued as the result of a fraudulent
official proceeding.
(e) Impersonation. -- It is unlawful for a person to knowingly
impersonate or purport to exercise any function of a public
official, employee, tribunal or official proceeding without legal
authority to do so and with the intent to induce a person to submit
to or rely on the fraudulent authority of the person. For purposes of this subsection, the term "impersonate" includes, but is not
limited to, falsely representing oneself as a public official or
employee by operating a motor vehicle that displays a copy,
imitation or reproduction of any official emblem, image,
inscription, seal, sign, symbol, logogram or other official
marking, connoting government sponsorship, or which is equipped
with any flashing light, siren or other penetrating warning sound,
or other apparatus or equipment generally recognized as being a
device, accruement or apparatus commonly associated with an
official vehicle used by a public official or employee.
(f) First offense. -- Any person who violates a provision of
this section is guilty of a misdemeanor and, upon conviction
thereof, shall be confined in a county or regional jail for not
more than one year or fined not more than one thousand dollars, or
both.
(g) Second offense. -- Any person convicted of a second or
subsequent offense under this section is guilty of a felony and
shall be confined in the penitentiarya correctional facilitynot
less than one nor more than ten years or fined not more than two
thousand dollars, or both.
(h) Civil cause of action. -- A person who violates this
section is liable in a civil action to any person harmed by the
violation for injury or loss to person or property incurred as a
result of the commission of the offense and for reasonable attorney's fees, court costs and other expenses incurred as a
result of prosecuting the civil action commenced under this
subsection, which is not the exclusive remedy of a person who
suffers injury or loss to person or property as a result of a
violation of this section.
(I) Civil sanctions. -- In addition to the criminal and civil
penalties set forth in this section, a fraudulent official
proceeding or legal process brought in a tribunal in violation of
this section shall be dismissed by the tribunal and the person may
be ordered to reimburse the aggravated person for reasonable
attorney's fees, court costs and other expenses incurred in
defending or dismissing such action.
(1) Refusal to record. -- A recorder may refuse to record a
clearly fraudulent lien or other legal process against a person or
his or her property. The recorder does not have a duty to inspect
or investigate whether a lien or other legal process is fraudulent
nor is the recorder liable for refusing to record a lien or other
legal process that the recorder believes is in violation of this
section.
(2) If a fraudulent lien or other legal process against a
person or his or her property is recorded then:
(A) Request to release lien. -- A person may send a written
request by certified mail to the person who filed the fraudulent
lien or legal process, requesting the person to release or dismiss the lien or legal process. If such lien or legal process is not
properly released or dismissed within twenty-one days, then the
person shall be presumed to have intended to have committed a
violation of this section and shall be subject to the penalties
provided for in this section; or
(B) Petition to Circuit Court. -- A person may petition the
circuit court of the county where the fraudulent lien or legal
process was recorded for an order that may be granted ex parte
directing the person who filed the lien or legal process to appear
before the court and show cause why the lien or legal process
should not be released or dismissed, deemed fraudulent and the
person penalized as provided for in this section.
(i) The petition shall set forth a concise statement of the
facts and the grounds upon which relief is requested.
(ii) No filing fee shall be charged for the filing of such
petitions.
(iii) The order to show cause shall be served upon the person
who filed the lien or legal process according to Rule 4 of the
rules of civil procedure and the date of the hearing set within
twenty-one days of the order.
(iv) The order to show cause shall clearly state that if the
person who filed the lien or legal process fails to appear at the
time and place noticed in the order, then the lien or legal process
shall be released or dismissed, deemed fraudulent and the person shall be subject to the penalties provided for in this section.
(v) If a hearing takes place or if, on its own motion, the
circuit court determines that the lien or legal process is
fraudulent, then the circuit court shall release or dismiss it and
subject the person to the penalties provided for in this section.
(vi) If the circuit court determines that the lien or legal
process is valid, then the circuit court shall issue an order
stating such and may award reasonable attorney's fees, court costs
and other expenses to the prevailing party.
(j) A person's lack of belief in the jurisdiction or authority
of this state or of the United States is no defense to prosecution
of a civil or criminal action under this section.
(k)(1) Nothing in this section prohibits or in any way limits
the lawful acts of a legitimate public official or employee.
(2) Nothing in this section prohibits or in any way limits a
person's lawful and legitimate right to freely assemble, express
opinions or designate group affiliation.
(3) Nothing in this section prohibits or in any way limits a
person's lawful and legitimate access to a tribunal of this state,
or prevents a person from instituting or responding to a lawful
action.

NOTE: The purpose of this bill is to provide that the term "impersonation" of a public official or employee includes the act
of operating a motor vehicle which falsely displays an official
emblem or other marking connoting government sponsorship.

Strike-throughs indicate language that would be stricken from
the present law, and underscoring indicates new language that would
be added.